United States v. Mollner, No. 09-4158 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Christopher Mollner plead guilty to armed bank robbery. Prior to sentencing, the district court granted the Government’s motion to compel Defendant to testify at the trial of his co-defendant, and granted Defendant immunity for his testimony. Defendant refused to testify. At his sentencing hearing, the district court adjusted Defendant’s offense level upward by two levels under the US Sentencing Guidelines Manual for obstructing justice as a result of his refusing to testify. Defendant was eventually sentenced to 100 months’ imprisonment. On appeal, Defendant challenged the district court’s application of the obstruction-of-justice enhancement. After review of the lower court record, the Tenth Circuit found that the district court did not err by increasing Defendant’s offense level. Accordingly the Court affirmed his sentence.
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